' This petition has been filed by petitioner Abdul Latif Khan, a creditor of the respondent No,1, M/s. Shahid Akhtar and Company, an unregistered company for its winding-up under section 444 of the Companies Ordinance, 1984. According to the memo of the petition, the petitioner had invested Rs,300,000 in the respondent-company and over 1,200 other creditors had invested a total sum of Rs,500,00,000. According to the petitioner, respondents Nos.2 to 11 have, been carrying business of respondent No,1 in partnership as an unregistered company. It has been alleged in the petition that respondents Nos.2 to 11 have purchased a number of properties in the individual names from the assets of the respondent-company raised from the investment made by various investors including the petitioner. It is further averred that later on the private respondents have closed down the business of the respondent-company and have disappeared and since April, 1988 their business is lying closed and the F.I.A. Has taken over possession of their properties.
2. Three Provisional Liquidators were appointed of the respondent company, namely, the Official Assignee, Moulana Abdul Sattar Edhi, and Mr. Naseemuddin Qamar. Moulana Abdul Sattar Edhi had appeared before this Court in another petition and had made a request that he may be allowed to withdraw as Provisional Liquidator in all petitions as he was too much involved in his social work. Mr. Naseemuddin Qamar has filed a counter-affidavit denying various allegations made against him by F.I.A. He has appeared before this Court on 25-11-1990 and requested that he may be allowed to withdraw as Provisional Liquidator on account of health problems. The request of Abdul Sattar Edhi and Mr. Naseemuddin Qamar for withdrawal as Provisional Liquidators is allowed. It may be mentioned here that Mr. Mirza Rafiq Beg, Advocate, has appeared today on behalf of Mr. Naseemuddin Qamar who could not come on account of health reasons.
3. The petition has been published in the newspaper and other formalities have been complied with. It is apparent that the respondent company is not in a position to pay its dues. The private respondents namely, the partners of the unregistered company have also absconded. A case is made out under section 444 of the Companies Ordinance, 1984 for winding-up of the respondent- company.
4. J.M. No,9/90 is according allowed and respondent No,1 M/s. Shahid Akhtar and Co., an unregistered company, is ordered to be wound-up. The official Assignee is appointed as Official Liquidator of the respondent-company.
5. Misc. Nos.1902/90 and 678/90 have become infructuous and stand disposed of as such.